Pointing a Firearm Lawyers Toronto

Pointing a firearm, under section 87 of the Criminal Code. It is an offence to point a firearm at another person without lawful excuse, whether the firearm is loaded or unloaded. Depending on the facts, the Crown may also lay assault with a weapon, uttering threats, or using a firearm in the commission of an offence.

Pointing a firearm is a hybrid offence. If the Crown proceeds by indictment, the maximum is five years. If it proceeds summarily, the lower summary conviction maximums apply. There is no mandatory minimum.

Yes. Section 87 applies whether the firearm is loaded or unloaded.

No. Careless use or careless handling of a firearm is not an included offence in a charge of pointing a firearm, so a judge cannot convict of careless use on a pointing charge alone.

Not where both rest on the same act. The rule against multiple convictions bars convictions for assault with a weapon and possession of a weapon for a dangerous purpose where the same evidence, the pointing of the weapon with a threat to use it, proves both. The same rule bars convictions for both pointing a firearm and using that firearm in the commission of an offence.

It is broader than shooting the firearm or pointing it at someone. Taking a firearm out and holding it is use. A person uses a firearm when, to help commit an offence or to escape, they reveal by words or conduct that a firearm is present or immediately available. The firearm must be in their physical possession or readily at hand. Keeping a gun hidden is not use.

That the accused used a firearm, or an imitation firearm, while committing or attempting an indictable offence, or while fleeing after one. It is a general intent offence: the only mental element is the intention to use the firearm while committing the underlying offence. No ulterior purpose has to be proven, and the mental element is separate from the one for the underlying offence.

Using a real firearm is not charged separately where the underlying offence already carries its own firearm penalties: criminal negligence causing death, manslaughter, attempted murder, discharging a firearm with intent or recklessly, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, and extortion. Using an imitation firearm can be charged with any indictable offence.

Yes. A conviction under section 85 requires a conviction for the underlying indictable offence. It is not enough that the accused could be shown to have committed some other indictable offence they were not charged with and convicted of.

Usually, yes. Double convictions are barred only where the other offence makes use of a firearm, as distinct from possession, part of its own elements, such as pointing a firearm. Courts have upheld separate convictions for using a firearm alongside assault with a weapon, aggravated assault, causing bodily harm with intent, robbery, and discharging a firearm with intent to wound.

Yes. Where two or more people act together, the usual rules on parties to an offence apply, so a person who did not hold the firearm can still be convicted of using it.

No. Using an imitation firearm while committing an assault can be proven even if the victim knew the item was an imitation.

Using, carrying, handling, shipping, transporting, or storing a firearm, a prohibited or restricted weapon, a prohibited device, or any ammunition in a careless manner, or without reasonable precautions for the safety of others, without lawful excuse. The core of the offence is conduct that is a marked departure from the standard of care of a reasonably prudent person. Psychological trauma to someone who was not in danger of physical injury or death does not count as a risk to the safety of others.

It is an offence to break the regulations under the Firearms Act on storing, handling, transporting, shipping, displaying, advertising, or mail-order sales of firearms and restricted weapons. Temporary storage is covered. It is not an absolute liability offence: a reasonable doubt about a mistake of fact, or about due diligence in trying to comply, requires an acquittal.

Both are hybrid offences. By indictment, the maximum is two years for a first offence and five years for a second or subsequent offence. The firearm involved must be forfeited on conviction. Careless use is an included offence in discharging a firearm with intent to endanger life.

No longer. The mandatory minimums for section 85 were repealed in 2022. The maximum is 14 years, and the sentence must be served consecutively to the sentence for the underlying offence and to any other sentence from the same event.

The prevailing view is yes: section 85 sentences imposed at the same hearing run consecutively to each other, as well as to the sentences for the underlying offences. The judge must still respect the totality principle, so the combined sentence is not unduly long or harsh. The underlying offences themselves can run concurrently. Where a life sentence is imposed, the firearm sentences run consecutively to each other but concurrently with the life sentence.

A conviction for using a firearm or an imitation firearm carries a mandatory weapons prohibition: at least 10 years for ordinary firearms and life for prohibited and restricted firearms on a first conviction, and life on a later one. For pointing or careless use, the court can impose a prohibition order.

Pointing and using charges do not automatically reverse the onus at bail, but it shifts to the accused if they were already on release for an indictable offence, were under a weapons prohibition, or are accused of violence with a weapon and have a prior conviction for it. Gun possession charges under section 95 always reverse the onus. Learn more on our page about Toronto bail hearings.

Firearm use charges often arrive alongside gun and weapon possession charges, assault with a weapon, uttering threats, robbery, extortion, or domestic assault.